02 Apr 14 | Brazil, Digital Freedom, News and features
(Photo illustration: Shutterstock)
After two years of wrangling, the Brazilian chamber of deputies finally approved the General Internet Framework last week.
The movement that resulted in bill 2126/11 – referred to as Marco Civil da Internet or simply Marco Civil – began in 2007. The Marco Civil was drafted in 2009 by the ministry of justice in partnership with the Center for Technology and Society of the Getulio Vargas Foundation, and with the direct participation of civil society. After extensive public consultation, with over 2,300 contributions, the bill was sent to congress in 2011 and recommended to the president. It outlines the duties and prohibitions on the use of the web, as well as structures the ways in which the courts can request records for user communications and network access.
While the bill has passed the bicameral congress’ lower house, it now needs to be approved by the senate, which will vote this month. If passed, the bill will need presidential approval to become law. It is widely expected that the bill will clear both these hurdles. The process is made all the more urgent as Brazil is set to host Net Mundial – a global forum exploring the future of internet governance — at the end of the month.
Marco Civil was drafted with three key issues in mind: Net neutrality, user privacy and freedom of expression. Under the bill, internet service providers are barred from interfering with connection speeds or content. Civil society strongly backed the framework around net neutrality.
Altogether, five amendments were made to the final text. The main change was the removal of a section of Article 12 whereby the presidency could require, by decree, connection providers to “install or use structures for storage, management and dissemination of data (data centers) in national dominion”, taking its billing into account.
This point was included last year at the request of the government after president Dilma Rousseff voiced complaints about spying by the National Security Agency (NSA). The revised Article 12 provides that Brazilian law will take effect on all companies providing services in the country, including foreign ones.
Another important change was made in the first subparagraph of Article 9, which deals with exceptions to net neutrality, such as discrimination or degradation of services or performance. Such cases were to be resolved by presidential decree. The revised amendment states that cases of exception will follow determinations from the constitution and guidelines of the Agência Nacional de Telecomunicações (telecommunications national agency – Anatel) and the Comitê Gestor da Internet (internet managing committee – CGI).
While the current wording of the bill shows social and political maturity, and seeks to put Brazil on another level in terms of freedoms of expression, it has its blind spots. These includes the storage of user data by ISPs for one year for investigation purposes, which is damaging to privacy. The text can still be changed.
Historic session
The historic vote was watched by a huge television audience, as the sessions of the Chamber of Deputies featuring 400 congressional representatives argued over the bill was broadcast live. Social media lit up, with #MarcoCivil trending on Twitter.
The question is whether in addition to being a massive victory for the government the piece will not end up being used for electioneering in the 2014 elections.
On Twitter, Rousseff said that “the Civil Landmark is a tool of free expression, privacy of the individual and respect for human rights”. She also said that “the approval of the Internet Civil Landmark by the Chamber of Deputies is a victory for all of Brazilian society”. She added that “the project shows the pioneering role of Brazil in a moment that the world debates the security, the privacy and the plurality in the network”.
Representatives said the text was a “parameter to the world”, “a reference in terms of freedom of expression” and “the most democratic process of voting on a bill in Brazil”. British physicist and creator of the web Tim Berners-Lee was quoted in plenary requesting the approval of the Marco Civil. The Brazilian press, which had criticised the original text, only reported the approval of the bill, and published some praise.
Despite the hoopla, Brazilian society remians divided over it. Most people have no idea about what the bill is intended to do. While there are some who support the regulation, others say that Marco Civil is a form of government control of the internet. Others still, just shrug.
A political drama
The approval of the Marco Civil was not an easy vote, as it may have seemed at first glance. The political will for the project to be brought up for a vote was stitched together through political and personal effort by Rousseff. Bill 2126/11, authored by the executive branch, served as political leverage for the PMDB, part of the governing coalition, and threatened to derail the project.
At the height of the crisis, PMDB came close to a break as a government ally, which would have drawn support away from the president. The so-called “block of disgruntled” was dissatisfied with Rousseff’s ministerial reshuffle in early March and required appointments in important ministries. The party also threatened to boycott Marco Civil by voting en masse against the proposal − which would mean fiasco. The tension between the PMDB and Rousseff also came close to derailing coalition alliances ahead of this year’s elections.
Rousseff did not relent even and made a joke about the situation. In Chile, where she participated in the inauguration ceremony of president Michelle Bachelet, she said: “PMDB only gives me joy”, when asked about whether her weight loss had to do with her concern about the crisis in the governing coalition. The statement did not sit well with PMDB, but pleased the vice-president Michel Temer, a member of the party: “It really only gives joy to the government, supporting and helping the government.” The message was explicit: As a Brazilian saying goes, “one hand washes the other and both wash the face”.
After several closed-door meetings tempers were soothed paving the way for the support and the approval of the Marco Civil project. The terms negotiated between the parties are not yet known. What is certain is that the deal has the power to soften a partisan war.
Until last week, Marco Civil had frozen the Chamber of Deputies’ agenda since 2013. The text approved on the night of 25 March was substitutive, with several changes from the last version that was submitted in February. These deleted changes caused controversy, especially because they were seen to serve business interests.
The content of the final version, filled with handwritten addendums, was a draft during the vote. The deputies voted blindly, having no access to the final text and relying on word of the rapporteur, Congressman Alessandro Molon (PT, Workers Party). They voted based solely on the version being manipulated live, with last minute modifications. They voted thanks to agreements in the audience and the theatre of the plenary, and more on the political line than on the legal framework that Marco Civil represented. This is why they voted as a majority. One deputy commented: “This is not the House of knowledge, but of convincing.”
Espionage
In an exclusive report broadcast by the TV show “Fantástico” on TV Globo Network, on the evening of 1 September, it was reported that the Brazilian government and Petrobras had been targeted by the NSA spying. The information was based on documents revealed by whistleblower Edward Snowden to Glenn Greenwald and Globo Network’s journalist Sonia Bridi. According to the report, Rousseff, her advisors and diplomats were also being monitored. All of these revelations visibly irritated the president − who had previously sent the draft of Marco Civil to Congress – and she demanded urgency in putting the bill on the agenda.
In late September, speaking at the opening of the 68th General Assembly of the United Nations in New York, Rousseff advocated the establishment of a multilateral framework for international civil governance and of internet usage. She argued that the actions of United States’ espionage in Brazil had wounded international laws and defied the principles that govern the relationship between the countries.
This article was posted on 2 April, 2014 at indexoncensorship.org
11 Mar 14 | Americas, Brazil, News and features
Image: Ksenia Ragozina/Shutterstock
Brazil’s government and security forces have put themselves on a war footing ahead of this summer’s FIFA World Cup, hosted by the South American country.
The security apparratus designed to stop demonstrations from disrupting the tournament consists of a set of procedures for general intelligence and data surveillance during the conduct of major sporting events – both the 2014 World Cup and the 2016 Summer Olympics, which will be held in Rio. It is a strategically integrated operation involving the Ministries of Defence and Justice, the Brazilian Intelligence Agency (Abin), the Armed Forces, the Metropolitan Polices, the Federal Police and the Highway Police. In addition to high-tech security equipment, the security plan could see state agents embedded in demonstrations.
The monitoring of social networks like Facebook, Twitter, Instagram and YouTube is one of the main means of surveillance, and is already in operation. The focus is not only on profiles of members or supporters of the Black Blocs: any citizen can be targeted for investigation. Someone that likes a post in Facebook about violence in protests, for example, may be viewed as a suspect.
Advanced technology is being used to locate computers, access communications, collect data and emails and control electronic activities. Special departments have been created for this with extraordinary budgets.
The Special Secretariat for Large Events Security (SESGE, in Portuguese), of the Ministry of Justice, was created by decree in 2011 with the purpose of driving, planning, coordinating and evaluating the security actions for the major sporting events. The Core Cyber Defence Centre, a kind of “crisis room”, related to the Army and the Ministry of Defence, was also created in order to control actions of cyberterrorism, a concept that opens space for electronic surveillance of any person.
“Brazil is a winner Country and its people, their city mayors and their state governments participate in this journey of victory”, said President Dilma Rousseff, announcing the 14 command centre units in the Brazilian cities that will host World Cup games.
The command centres are built like bunkers, able to withstand explosions. The monitoring structure, equipped with cameras and 360° videowall, allows to identify people in detail, and share information. The centres also come equipped with bomb disposal kits, high observation decks, trucks for capturing images and aerial imaging systems.
The public safety plan for the World Cup will cost R$ 1.170 billion (about £ 300 million). “Most of the amount was invested in equipment that will be a legacy for the states”, explained the secretary Andrei Rodrigues, of the SESGE.
The legacy is doubtful. According to the strategic security plan, the operation has strict goals of protecting interests of the makers of the sporting events. What will remain will be equipment, technology and also laws. Thus, there is a possibility that the legacy will be a strong apparatus to spy on Internet communications, legitimised by laws enacted for the safety of the events, but generalized to contain demonstrations.
The SESGE already is monitoring news “misleading or distorted content”; if something of this nature is identified, the news will be “promptly rectified by the publisher”. However, such activity directly attacks the freedom of the press and of expression, besides and configuring censorship.
It is noteworthy that the issue is not approached by the Brazilian press, who benefit from advertising revenue from the government and FIFA.
The Brazilian full security plan ignores the rights to privacy and presumption of innocence. Its definitions of public disorder, of who can be considered suspicious and of which are the laws by which citizens are detained and criminalized are open to abuse.
This article was posted on 11 March, 2014 at indexoncensorship.org
21 Feb 14 | Americas, Brazil, News and features, Politics and Society
Rio’s Batman honours the recently deceased network cameraman Santiago Andrade, who died after being hit in the head with fireworks released by black bloc activists during a protest on February 6. (Photo: Leonardo Coelho / Demotix)
The death of Santiago Andrade on 10 February, a cameraman for Brazil’s Bandeirantes Network, from injuries he suffered while filming a Rio de Janeiro transport price protest has shocked the country.
In the uproar that followed, two protesters — Caio Silva de Souza and Fabio Barbosa Raposo – were arrested for targeting Andrade with fireworks. The media quickly filled with editorials and coverage that declared democracy was at risk. Journalists described the attack as a grave threat to freedom of expression and criticism of police handling of the protests. One op-ed even accused a leftist party deputy of links with the attack without presenting evidence.
However, there is a lack of preparation from the Brazilian press itself, when covering the demonstrations. This deficiency was highlighted by a BBC reporter who provided first aid to Andrade. Brazilian journalists usually cover protests without identification vests, protection or training.
Violence against the press is not a new problem in Brazil. There have been 126 attacks on journalists by police or demonstrators since the mass protest movement began in June 2013. It is common for journalists’ cars to be targeted by protesters. At the same time, it has been reported that journalists have been murdered for political reasons.
Brazil is the 11th most dangerous country for the journalistic profession, according to the Committee to Protect Journalists (CPJ). “The number of journalists killed has grown in recent years and the official government response has been insufficient. Brazil has become a dangerous country for the practice of journalism,” CPJ coordinator Carlos Lauría told UN Radio.
The attack on Andrade was the fourth episode of violence against journalists during protests in 2014. On 25 January, two reporters were injured in São Paulo — EFE reporter Sebastião Moreira and freelancer Paul Alexander were attacked by the police. UOL News reporter Gustavo Maia was assaulted by police on 6 February — the same day Andrade was injured.
The death of the cameraman happened at the same time the Brazilian Congress — with the backing of the federal government — was attempting to quickly pass two controversial bills against terrorism. The public reaction was overwhelmingly negative. The justice department is likely to present a new bill to congress. While the bill has not yet been published, it is said to provide stricter punishment for violent infiltrators in demonstrations, in addition to standardizing police responses throughout Brazil. The Minister of Justice, José Eduardo Cardozo, also met with representatives of the media and promised action to protect reporters.
Several national and international organizations expressed concern over the Andrade attack. The International Federation of Journalists (IFJ) and Reporters Without Borders called on the Brazilian authorities to guarantee the safety of journalists covering demonstrations. The UN expressed concern about violent protests and the “excessive use of force and arbitrary arrests of demonstrators and journalists by police forces”. UNESCO pleaded with Brazilian media groups to train their employees working in hazardous environments. The Brazilian Association of Investigative Journalism (Abraji) released a statement condemning the the attack and urged the Brazilian government to protect journalists and freedom of expression. The International Press Institute (IPI) recalled various crimes against Brazilian journalists and insisted that investigation of crimes against journalists be a priority for the government.
Brazil’s president Dilma Rousseff expressed her grief on Twitter. She said the death of Andrade “revolts and saddens” and stressed that “freedom of expression cannot be used to threaten life”. In an official statement, the Secretary of Human Rights of the Presidency said that “this case unfortunately tragically symbolizes the systematic violence against communication professionals engaged in covering demonstrations”.
From the standpoint of the investigations, this is a confusing story, full of questions, with different versions of events coming from the media and the police.
The lawyer for the men arrested for detonating the rocket said the two were recruited by, and received money from ,“activists”. The Civil Police claims there are infiltrators in protests that are paid by political parties of the extreme left.
The governor of Rio de Janeiro, Sergio Cabral, also said that “there are political parties and organisations embedded in these violent actions”.
Is there cooptation of popular movements? There is no evidence of it. Is Brazilian democracy facing a crisis? It seems that nobody wants to be responsible for the answers.
While the press is mourning the loss of yet another one of its own, there needs to be time to ascertain the facts rather than lob accusations when tensions are high. The press needs to investigate and confirm or deny the official line directed against the left or nothing will come from the death of a colleague symbolised by the cameras placed in front of the congress.
This article was posted on 21 February 2014 at indexoncensorship.org
17 Feb 14 | Americas, Brazil, News and features
Protests against increase in public transportation costs in Rio de Janeiro on 13 February (Image: Mauricio Fidalgo/Demotix)
On Friday 14 February, Brazil’s Minister of Justice, José Eduardo Cardozo, announced a bill to regulate safety measures during protests. The bill allows for use of force by the military police and punishment for violent actions during demonstrations, and will be sent to congress for consideration in the coming days. The move comes after the death of Bandeirantes Network cameraman Santiago Andrade on 10 February, from injuries sustained covering a protest. This is the latest move by Brazil’s government to control popular discontent ahead of this summer’s FIFA World Cup.
The government is rushing vaguely worded, extraordinary bills defining “terrorism” to the floor of congress. Currently, there are no specific laws for the crime of terrorism in Brazilian legislation. Crimes are classified in the National Security Act, created during the military dictatorship. A number of bills tackling this issue, which could potentially penalise protest actions, are now being debated in congress, without input from the population.
A street protest against rising bus fares in Rio de Janeiro on 6 February erupted in violence, when gas bombs and fireworks thrown by some demonstrators injured seven people, including Santiago Andrade. The cameraman was hit by a rocket firework launched by two protesters, which burst over his head. He later died from the injuries, and the two protesters were arrested in controversial circumstances.
The incident generated national uproar. Congressmen called the protest an act of terrorism and promised action. A number of figures within the Brazilian government, including President Dilma Rousseff, condemned the “escalating violence in protests”. Citing public security, congress moved quickly to table bills aimed at defining actions in public places — both violent and non-violent — as terrorism. Bill 499/2013, which has been fast tracked for consideration, defines terrorism as “causing terror or widespread panic” and threatens penalties of up to 30 years. The bill further stipulates that acts of terror committed with explosives increases the penalty by one third. It also criminalises “Black Bloc” protest groups, and wearing masks. Legal experts have criticised the bill for its vague language which leaves room for wide interpretations. Further, critics contend that it shows the government’s intent to use the bill as a tool to suppress popular protests during the World Cup.
The controversial Bill 728/2011 was created to punish “infractions” committed during the World Cup. In its text, acts of terrorism are associated with religious or ideological positions, and it also limits Brazilians’ ability to strike. The bill was nicknamed the AI-5 Cup, after the 1968 AI-5 act, which in gave extraordinary powers to the then-president and suspended key civil and constitutional guarantees for over 20 years. Under pressure from Brazil’s civil society, 728 was shelved.
Still under consideration in congress, however, is Bill 236/2012 — an anti-terror project that promises to modernise Brazil’s penal code, which dates from 1940. While it categorises terrorism, 236 does not define it. Among its most dangerous threats to freedom of expression is the criminalisation of disturbing the peace, and damage to public property by “vandals” and “vagrants”. The bill does not further define or clarify these terms.
Former justice minister Miguel Reale Jr, a renowned jurist and professor of law at the University of Sao Paulo, criticised the law’s “legal nonsense” and labelled it a setback for journalism. The bill would criminalise defamation and impose four year sentences without adequately defining this offence. He has launched a campaign against it, which has gained support from the legal community.
Bill 236 also contains “crimes against sporting and cultural events”. Any person who promotes “tumult” within 5 km of a sporting event would be imprisoned for up to two years, and the bill would also block protest access to the sport or cultural venue for up to three years. If applied, any popular protest on game days could be banned.
But whether or not some or all of the bills are passed, President Rousseff looks set to be able to curtail protests. On 20 December, a manual on the enforcement of law and public order, put together by the Ministry of Defence, entered into force. The manual defines “opponent forces” as persons, groups or organisations that provoke radical and violent actions, and cites the blocking of public streets as a major threat. Under certain conditions, the manual allows the president to give police powers to the armed forces.
Brazilians who wish to take to the streets, could have an interesting spring.
This article was posted on February 17, 2014 at indexoncensorship.org
